Delegation of legislative power to local authorities for destitute assistance under the Act is constitutionally valid, except for one provision deemed ultra vires.

1. This order will also govern the disposal of Miscellaneous Petition No.618 of 1970.

2. These are two petitions under Art.226 of the Constitution challenging the validity of the Madhya Pradesh Nirashriton Ki Sahayata Adhiniyam, 1970 (M.P. Act No.12 of 1970, hereinafter called the Act). Several grounds have been taken for attacking individual provisions of the Act, but the general attack against the Act is that the State Government has no power to pass any legislation on the subject of providing for the helpless Individual provisions of the Act are challenged either upon the ground that the State Legislature has delegated uncontrolled power to the executive and the delegation is invalid or on the ground that the provisions infringe the equality clause under Art.14 of the Constitution.

3. Before dealing with the individual provisions and the grounds on which they have been attacked, it may be noted that the main purpose of the Act is to place the responsibility upon the local authorities to provide for the destitutes within their local areas. The preamble of the Act is:--
'An Act to make provision for assistance to destitutes by making it obligatory on the local authorities to provide relief to them and for matters connected therewith."
The Act itself has been made applicable to the whole of the State, but the elective provisions of it can be extended to such parts as the State Government may consider suitable. The word "destitute" has been defined in S.2(a) of the Act. It includes old and infirm persons and blind, deaf, dumb or otherwise disabled persons. The term "local authority" has also been defined in S.2(d) as meaning a Municipal Corporation. Municipal Council. Notified Area Committee. Gram Panchayat or Adivasi Panchayat. Thus, destitute persons residing within these areas are to be provided for by these local authorities. It has been made compulsory on these local authorities to make such provision by S.3.S.4 to 7 provide for raising of funds to meet these expenses and their individual provisions having been attacked separately, they will be dealt with here after. S.8 creates an obligation to spend the amount realised from the impositions provided for in the Act for the relief of the destitutes in accordance with the provisions of the Act, S.9 gives power to the State Government to make rules.

4. It will be seen that the very purpose of the Act is to take care of the helpless. Art.41 of the Constitution is as follows: -
"The State shall, within the limits of its economic capacity and development, make effective provision for securing the
right to public assistance in cases of unemployment, old age. sickness and disablement .................."
List II in the Seventh Schedule of the Constitution by item No. 9 empowers the State Legislature to make laws for "relief of the disabled and unemployable." This clearly indicates that the subject of legislation for this purpose is squarely within the scope of State Legislation.

5. Before dealing with individual provisions of the Act, which have been challenged on the ground of excessive delegation of power to the executive authority, it would be helpful to quote from a recent decision of the Supreme Court in M/s. Sita Ram Bishambhar Dayal v. State of Uttar Pradesh . Civil Appeals Nos.362 and 1972 of 1969, D/-21-10-1971 : (reported in 1972 Tax LR 1861 SC) where the validity of S 3 - D (1) of the U.P. Sales Tax Act, 1948, was challenged among others on the ground of excessive delegation. Their Lordships after discussing the position of the modern legislature and the responsibility of the State Government observed as follows: -
"Text book doctrines evolved in the 19th centur